WHEREAS, Cedar Run Properties, LLC, the owner of the property identified by PIN: 7931-02-4406-000 has requested a Category 26 Special Exception to allow for a reduction of the non-common open space requirement; and

WHEREAS, the requested Special Exception would allow the applicant a non-common open space reduction to allow the applicant to develop two (2) residential lots and (1) utility lot; and

WHEREAS, on August 26, 2004, the Planning Commission held a public hearing and then voted unanimously to recommend approval of the Special Exception SPEX04-CR-025 to the Board of Supervisors; and

            WHEREAS, on October 14, 2004, the Fauquier County Board of Supervisors held a public hearing and considered the Special Exception application, and concurred with the judgment of the Planning Commission; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 14th day of October 2004, That Special Exception SPEX04-CR-025, Cedar Run Properties, LLC, request for a non-common open space reduction, be, and is hereby, approved, subject to the following conditions:

1.      The Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.


2.      This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat titled ôSpecial Exception Plat, The Property of Cedar Run Properties, LLC, Tax Map #7931-02-4406 dated June 17, 2004 and received in Community Development on June 17, 2004, approved with the application, as qualified by these development conditions.


3.      The request for a reduction of non-common open space from 85% (78.49 acres) to 70.33% (▒65 acres) shall be granted if and only if, the Public Utility Lot is utilized by WSA for the wastewater treatment facility and if the applicant places deed restrictions on the parcels to preclude further subdivision and/or development.


4.      If the applicant opts to sell the other two (2) lots prior to confirming the WSA need for the parcel, the deed restrictions shall remain in place and the proposed public utility lot will not be considered a buildable lot.


5.      If the Fauquier County Water and Sanitation Authority (WSA) does not select the conceptual Public Utility Lot (15.4199 acres) as shown on the Special Exception Plat, then:

a)      The proposed lot may be boundary line adjusted back into Lot 1 (65.3413 acres) or Lot 2 (11.0749 acres) and the deed restrictions shall remain in place.

b)      The applicant could boundary line adjust a portion of it back into Lot 1 (to meet open space requirements) and then if lot placement requirements can be met, per the Zoning Ordinance, the applicant could potentially add one more lot, for a total of three buildable lots, since the by-right acreage for clustered development is 13.85 acres and Lot 2 utilizes only 11.0749 acres of it.


6.      If WSA opts to select this proposed public utility lot for a wastewater treatment facility, additional Special Exceptions and permits shall be required from the County, and other local, state or federal agencies.